Vehicle impoundment

What's happening with my vehicle?

Why your vehicle or number plates were taken

Your vehicle can be impounded or immobilised under the Police Powers and Responsibilities Act 2000 (Qld) if the driver of the motor vehicle has been charged with a type 1 or type 2 vehicle related offence. 

Read the Police Powers and Responsibilities Act 2000, Chapter 4 – Vehicle related offences.

How long your vehicle or number plates will be held

The police officer who impounded your vehicle or confiscated your plates would have issued both the driver and/or owner(s) either a ‘Form 157 Impounding Notice (Vehicle related offence)’ or ‘Form 201 Immobilising Notice (Vehicle related offence)’ which states how long and where your vehicle has been towed to, or how long the number plates have been confiscated for and the vehicle cannot be driven.

The length of time depends on the type of offence and any reoffending.

Outcome	What it means	Why it happened
7-day impound or immobilisation	Vehicle is towed and held for 7 days, or number plates confiscated for 7 days	Usually, a second type 2 offence within 5 years  (e.g. driving unlicensed, driving an unregistered or defective vehicle, or drink/drug driving)
90-day impound or immobilisation	Vehicle is towed and held for 90 days, or number plates confiscated for 90 days	A first Type 1 offence (e.g. dangerous driving, racing, evading police) OR a repeat Type 2 offence
Forfeiture	Vehicle is towed and held until end of proceedings and then forfeited to the State upon finding of guilt	Ordered by court for repeat or serious Type 1 or Type 2 offences
These are common timeframes but may vary due to court proceedings. The court has discretion to forfeiture if legal thresholds are met. If the vehicle has been impounded until the end of proceedings and the driver is found guilty, the vehicle will be become property of the State (forfeiture).

If you weren’t the driver

If someone else was driving your vehicle:

• You will be notified as the registered owner.
• You may apply for early release if you did not consent to them committing the offence.
• For company or fleet vehicles, you will also be notified as the registered owner, and you will need to follow the same process if you wish to apply for an early release. An authorised officer must apply for early release on behalf of the company. 

Personal property remaining in a vehicle

If you have personal property left in a vehicle:

• You must contact the impounding officer and request collection.
• Property collection will be in police presence.
• The timing may not be convenient or a time suitable to your personal circumstances.
• You must bring valid identification and proof of ownership.
• If a vehicle is impounded until end of proceedings (forfeiture) any uncollected property will be disposed of. 

What to do next 

• Appear before the court if you have been given a Notice to Appear, or pay the Infringement Notice by the due date if you were given a Traffic Infringement Notice.
• Confirm where your vehicle or number plates have been taken or stored (on your notice).
• Check how long the impoundment or immobilisation period is for (on your notice).
• Gather identification and proof of ownership (or authority to collect).
• Pay any fees owing before or at collection to the holding yard where your vehicle is impounded.
• Collect your vehicle when eligible.

Failure to appear for court 

If you do not appear for court, the court may issue a warrant for the arrest of the driver of the vehicle to be brought to court to be dealt with according to law.

If your vehicle was impounded until the end of proceedings due to a second or subsequent type 1 vehicle related offence or a fourth or subsequent type 2 vehicle related offence and a warrant for failing to appear is issued, your vehicle is taken to have been forfeited to the State and the Commissioner of Police may sell the vehicle and anything in or on it by public auction or dispose of it in the way the Commissioner considers appropriate under s.118A Police Powers and Responsibilities Act 2000 (Qld).

Fees and payments 

Who is responsible for the payment of fees

The driver or owner (if approved for early release) will need to pay the below at the relevant holding yard:

• Towage charges (set by the tow operator)
• Daily storage fees for impounded vehicles
• Administration costs (if applicable)

Fees must be paid before release. 

If you are found not guilty at court or police withdraw the charges, the vehicle will be released to you, and all tow and storage fees will be payable by the Queensland Police Service under s.111 Police Powers and Responsibilities Act 2000 (Qld). 

Inability to pay fees 

A vehicle cannot and will not be released at the end of an impoundment period or following successful early release application until any fees owing to the tow provider are paid. If within 30 days after a period of impoundment ends, the owner of the vehicle does not collect, the vehicle is taken to have been forfeited to the State, and the Commissioner of Police may sell the vehicle and anything in or on it by public auction or dispose of it in the way the Commissioner considers appropriate under s.118 Police Powers and Responsibilities Act 2000 (Qld).

If you cannot pay your fees, an owner can voluntarily transfer ownership of the vehicle to the state. This can be done in writing and signed and witnessed by a person who may witness a statutory declaration, or in person at a police station using a QP 0368 Relinquishing Order.

Collecting your vehicle or number plates 

Regular plates 

Confiscated number plates can only be collected once the immobilisation period ends or if approved for early release from immobilisation. Police will contact you and advise where and when you can collect your confiscated number plates. If no contact is made, refer to your notice for the end/expiry date and attend to collect your plates at the location listed on your notice. 

Auto cancelled plates 

Plates will be returned to Department of Transport and Main Roads (TMR) if they become Auto Cancelled during that time. Vehicle registration plates become ‘auto cancelled’ when the registration has expired more than 90 days. This means if a vehicle registration is not renewed with 90 days after expiry the registration is automatically cancelled by the Department of Transport and Main Roads.

Personalised plates 

Personalised plates are to be made available for the owner to collect before returning to TMR.  

Vehicle collection

Vehicles can only be collected from the holding yard once the impoundment period ends and/or a vehicle has been authorised by police to be released.

When eligible to collect:

• Bring government-issued photo ID.
• Provide proof of ownership (registration papers, finance documents), vehicle release notice or written advice of release, or written authority if collecting for someone else.
• Pay any fees owing before or at collection. 

Uncollected vehicles and disposal

If within 30 days after a period of impoundment ends, the owner of the vehicle does not collect the vehicle, it is taken to have been forfeited to the State and the Commissioner of Police may sell the vehicle and anything in or on it by public auction or dispose of it in the way the Commissioner considers appropriate under s.118 Police Powers and Responsibilities Act 2000 (Qld). Police will provide written advice prior to its disposal and notice of the proposed sale is published on the Disposal of impounded motor vehicles page.

Early release 

What is early release?

The owner or usual driver of the impounded or immobilised vehicle can apply in writing to the Commissioner of Police for early release if:

• there is severe hardship – financial or physical
• the offence happened without the owner's consent
• the Type 2 offence has been rectified (unlicensed and unregistered only)
• the grounds for impoundment or immobilisation were unreasonable.

Documents must be provided that will support the reasoning for application and without them, a decision may be delayed or an application denied. 

The Commissioner of Police must, if reasonably practicable, decide on the early release application within five business days of receiving it. 

If an early release application is successful, all fees must be paid before or at collection.

If your vehicle was impounded until the end of proceedings (forfeiture) for either a second or subsequent type 1 vehicle related offence or a fourth or subsequent type 2 vehicle related offence and you have been found guilty, an early release application cannot be made and there is no power to grant the application for early release.

If you do not have access to a valid email address you can print Application for early release of vehicle (PDF) (printable) fill in the applicable information and post it to:

Policelink
Queensland Police Service
GPO Box 1440
BRISBANE Q 4001

All attached documents need to be in an approved format. Approved format for documentation: doc, docx, xls, xlsx, ppt, pptx, pdf, zip, rar, txt

What are some accompanying documents I may need? 

Please click on the link above to find out what relevant accompanying documents you need. 

If you have any trouble uploading all required documentation to one e-mail, please send a further e-mail with remainder of your documentation to mviearlyrelease@police.qld.gov.au. All attached documents need to be in an approved format. Approved format for documentation: doc, docx, xls, xlsx, ppt, pptx, pdf, zip, rar, txt

Include your full name, DOB, address and vehicle registration.

Who can apply for early release

Solicitors: A solicitor can complete the application for early release of vehicle from impound/immobilisation on behalf of their client.

 

Financial institutions: The Queensland Police Service recognises the financial institution as an owner of a financed vehicle. A financial institution can complete the application for early release of vehicle from impound/immobilisation by completing the “Offence occurred without owner’s consent” section of the form and the PPSR & Default Notice must be supplied when submitting. 

Rental companies: Application for early release is not required where an officer immobilises or impounds an unlawfully used, stolen or rental motor vehicle, the vehicle is to be released to the owner as soon as reasonably practicable (s.76 Police Powers and Responsibilities Act 2000 (Qld)).

Appeals 

If you are aggrieved by a decision of the Queensland Police Service regarding your application for the early release of your vehicle from impoundment, you may lodge an appeal with a magistrate.

Further information on this process is available from your local magistrates court or on the Court Documents and Subpoenas page.

Contacts and forms 

Early release application

Apply online or download an Application for early release of a vehicle form (PDF).

Property retrieval enquiries 

Contact the impounding officer at their station or Policelink 131 444.

General enquiries 

Policelink 131 444 or Policelink online form.